TITLE 71

WEIGHTS AND MEASURES

CHAPTER 1

DIVISION OF WEIGHTS AND MEASURES

71-108.  Definitions. When used in this act:

(1)  The word "person" shall be construed to mean both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, companies, societies, and associations.

(2)  The words "weight(s) and (or) measure(s)" shall be construed to mean all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices, except that the term shall not be construed to include meters for the measurement of electricity, gas (natural or manufactured), or water when the same are operated in a public utility system. Such electricity, gas, and water meters are hereby specifically excluded from the purview of this act, and none of the provisions of this act shall be construed to apply to such meters or to any appliances or accessories associated therewith.

(3)  The word "net" shall be construed to mean clear of, or excluding all tare, wrappers and other material packed with a commodity or in which a commodity is contained.

(4)  The word "weight" as used in this act in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.

(5)  The words "sell" and "sale" shall be construed to mean barter and exchange.

(6)  The term "director" shall be construed to mean, respectively, (the state) the director of the department of agriculture or his duly authorized employees.

(7)  The term "inspector" shall be construed to mean a state inspector of weights and measures.

(8)  The term "intrastate commerce" shall be construed to mean any and all commerce or trade within the limits of the state of Idaho, and the phrase "introduced into intrastate commerce" shall be construed to define the time and place at which the first sale and delivery of a commodity is made within the state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(9)  The term "commodity in package form" shall be construed to mean commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of any auxiliary shipping container inclosing packages that individually conform to the requirements of this act. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be commodity in package form.

(10)  A "consumer package" or "package of consumer commodity" shall be construed to mean a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals for the purpose of personal care or use by individuals or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.

(11)  A "nonconsumer package" or "package of nonconsumer commodity" shall be construed to mean any commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.

(12)  For the purposes of this act, apparatus shall be deemed to be "correct" when it conforms to all applicable requirements promulgated by the national bureau of standards or its successor organization, the national institute of standards and technology, or by regulation passed by the director. Other apparatus shall be deemed to be "incorrect."

History:

[71-108, added 1969, ch. 43, sec. 1, p. 108; am. 1974, ch. 18, sec. 236, p. 364; am. 1990, ch. 37, sec. 1, p. 56.]